[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44551-44554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20351]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170505465-7465-01]
RIN 0648-BG87


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management 
Measures; Amendment 46

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 46 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery 
Management Council (Council) (Amendment 46). For gray triggerfish, this 
proposed rule would revise the recreational fixed closed season, 
recreational bag limit, recreational minimum size limit, and commercial 
trip limit. Additionally, Amendment 46 would establish a new rebuilding 
time period for the Gulf of Mexico (Gulf) gray triggerfish stock. The 
purpose of this proposed rule is to implement management measures to 
assist in rebuilding the Gulf gray triggerfish stock and achieve 
optimum yield (OY).

DATES: Written comments must be received on or before October 25, 2017.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2017-0080'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0080, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Lauren Waters, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov

[[Page 44552]]

without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous).
    Electronic copies of Amendment 46, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review, may be obtained from 
the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional 
Office, NMFS, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes gray triggerfish, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson 
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C 1801 et seq.).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure that fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems. To further this goal, the Magnuson-Stevens Act requires 
fishery managers to rebuild overfished stocks.

Status of the Gray Triggerfish Stock

    The first Southeast Data, Assessment, and Review (SEDAR) benchmark 
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9). 
SEDAR 9 indicated that the gray triggerfish stock was both overfished 
and possibly undergoing overfishing. Subsequently, Amendment 30A to the 
FMP established a gray triggerfish rebuilding plan beginning in the 
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR 9 
update stock assessment for gray triggerfish determined that the gray 
triggerfish stock was still overfished and was undergoing overfishing, 
and had not made adequate progress toward rebuilding. As a result of 
the SEDAR 9 update and to end overfishing, the final rule for Amendment 
37 to the FMP revised the gray triggerfish commercial and recreational 
sector annual catch limits (ACLs) and annual catch targets (ACTs), 
revised the gray triggerfish recreational sector accountability 
measures (AMs), revised the gray triggerfish recreational bag limit, 
established a commercial trip limit for gray triggerfish, and 
established a fixed closed season for the gray triggerfish commercial 
and recreational sectors (78 FR 27084, May 5, 2013). Additionally, 
Amendment 37 revised the rebuilding plan and projected that the stock 
would be rebuilt in 5 years, or by the end of 2017 fishing year.
    Since implementation of Amendment 37 in 2013, commercial harvest 
has not exceeded the commercial ACL, while the recreational sector has 
exceeded the recreational ACL or adjusted recreational ACL (that 
resulted from a ACL overage adjustment) in the 2013, 2014, 2015, and 
2016 fishing years. The most recent stock assessment for gray 
triggerfish was completed and reviewed by the Council's Scientific and 
Statistical Committee (SSC) in October 2015 (SEDAR 43). SEDAR 43 
indicated that the gray triggerfish stock was not experiencing 
overfishing but remained overfished and would not be rebuilt by the end 
of 2017 as previously projected. On November 2, 2015, NMFS notified the 
Council that the gray triggerfish stock was not making adequate 
progress toward rebuilding, and the Council subsequently began 
development of Amendment 46 to establish a new rebuilding time period 
and other management measures to achieve OY and rebuild the stock.

Management Measures Contained in This Proposed Rule

    For gray triggerfish, this proposed rule would revise the 
recreational fixed closed season, recreational bag limit, recreational 
minimum size limit, and commercial trip limit. NMFS and the Council are 
proposing the changes to the recreational management measures to help 
constrain recreational landings to the recreational ACT to avoid 
triggering accountability measures (AMs) resulting in an in-season 
closure or post-season payback that would occur if landings exceed the 
recreational ACL. NMFS and the Council are proposing the increase in 
the commercial trip limit to allow those commercial fishermen who 
encounter gray triggerfish to harvest more fish per trip while 
continuing to constrain commercial landings to the commercial ACT.

Recreational Seasonal Closure

    The current recreational seasonal closure for gray triggerfish in 
the Gulf is from June 1 through July 31, and was established in 
Amendment 37 to protect gray triggerfish during the peak spawning 
season and help constrain landings to the recreational ACT (78 FR 
27084, May 5, 2013). However, as explained above, recreational landings 
have exceed the recreational ACL or adjusted ACL the last 4 years. This 
proposed rule would establish an additional recreational fixed closed 
season for gray triggerfish from January 1 through the end of February, 
which is expected to reduce recreational landings and help rebuild the 
stock within the rebuilding time period established in Amendment 46.

Recreational Bag Limit

    The current recreational bag limit was set in Amendment 37 and is a 
2-fish per person per day limit within the overall 20-fish aggregate 
reef fish bag limit. This proposed rule would reduce the recreational 
gray triggerfish bag limit to 1 fish per person per day within the 20-
fish aggregate reef fish bag limit.
    As described in Amendment 46, from 2013 through 2015, approximately 
10 percent of recreational trips with reef fish landings harvested 2 
gray triggerfish within the 20-fish aggregate bag limit. NMFS expects 
the proposed change to the bag limit to reduce recreational landings by 
15 percent, which will help constrain harvest to the recreational ACT 
to allow the sector to remain open through the end of the fishing year.

Recreational Size Limit

    The current recreational minimum size limit for gray triggerfish is 
14 inches (35.6 cm), fork length (FL), and was established in Amendment 
30A to the FMP (73 FR 38139, July 3, 2008). The proposed rule would 
increase the minimum size limit to 15 inches (38.1 cm), FL. Increasing 
the recreational minimum size limit would increase the gray triggerfish 
spawning potential by maintaining larger-sized fish, which are more 
fecund, in the stock, and is expected to help slow recreational 
harvest.

Commercial Trip Limit

    The current commercial trip limit is 12 fish per trip, and was 
established in Amendment 37 to help constrain commercial harvest to the 
commercial ACT and avoid an in-season closure as a result of the AMs 
being triggered (78 FR 27084, May 5, 2013). This proposed rule would 
increase the trip limit to 16 fish per trip.

[[Page 44553]]

    As described in Amendment 46, since implementation of the 12 fish 
commercial trip limit in 2013, commercial landings have been 
consistently below the commercial ACT. Analysis of commercial trips 
demonstrated that 80 percent of trips caught 10 gray triggerfish or 
less. This indicates that gray triggerfish is primarily a non-target 
species by the commercial sector and that increasing the commercial 
trip limit would likely result in only a small change in the weight 
projected to be landed during a fishing year. However, increasing the 
commercial trip limit would allow those fishermen who encounter the 
species the opportunity to harvest more fish. This would help achieve 
OY for the stock while continuing to constrain commercial landings to 
the commercial ACT.

Measures in Amendment 46 Not in This Proposed Rule

    In addition to the measures proposed to be implemented through this 
proposed rule, Amendment 46 contains actions to set a rebuilding 
timeframe and to consider alternatives for the commercial and 
recreational ACTs and ACLs.

Rebuilding Time Period and Commercial and Recreational ACTs and ACLs

    Amendment 37 established a 5-year rebuilding time period, expiring 
in 2017, and the current gray triggerfish commercial and recreational 
ACTs and ACLs. The current commercial ACT is 60,900 lb (27,624 kg), 
round weight, and the commercial ACL is 64,100 lb (29,075 kg), round 
weight. The current recreational ACT is 217,000 lb (98,475 kg), round 
weight, and the recreational ACL is 242,200 lb (109,406 kg), round 
weight. Amendment 46 would establish a new rebuilding time period for 
the Gulf gray triggerfish stock as a result of the stock status 
determined through SEDAR 43, and maintain the current commercial and 
recreational ACLs and ACTs.
    The Council's SSC reviewed SEDAR 43 and recommended alternative 
rebuilding time periods of 8, 9, or 10 years and the acceptable 
biological catch (ABC) yield streams for each period. There is a 60 
percent probability of rebuilding the stock within these time periods 
if landings are appropriately constrained to the recommended catch 
levels. In Amendment 46, the Council considered these rebuilding time 
periods and their associated catch levels, as well as a 6-year period, 
which would be the time needed to rebuild the stock in the absence of 
fishing mortality. The Council determined that the 9-year rebuilding 
time period was as short as possible, taking into account the status 
and biology of the stock and the needs of the associated fishing 
communities. Although the ABC recommendation associated with the 9-year 
time period allowed for an increase in harvest, the Council chose to 
adopt a more conservative approach and maintain the current commercial 
and recreational ACLs and ACTs for gray triggerfish that were set 
through the final rule for Amendment 37 (78 FR 27084, May 9, 2013).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the FMP, the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of, and legal basis for this proposed rule are 
contained in the preamble. The Magnuson-Stevens Act provides the 
statutory basis for this proposed rule.
    This proposed rule would directly affect commercial and 
recreational fishing for gray triggerfish in Gulf Federal waters. 
Anglers are not considered small entities as that term is defined in 
the RFA (5 U.S.C. 601(6)). Consequently, estimates of the number of 
anglers directly affected by the rule and the impacts on them are not 
provided here.
    NMFS estimates an average of 223 commercial fishing vessels harvest 
gray triggerfish in Gulf Federal waters annually, and the number of 
businesses that own these vessels ranges from 166 to 223. The average 
vessel harvested 164 lb (74.4 kg), gutted weight, of gray triggerfish 
annually with a dockside value of $331 (2015 dollars), and that average 
vessel's annual dockside revenue from all landings is $158,804 (2015 
dollars).
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts are not in excess of $11 million for all of its 
affiliated operations worldwide. Based on the average annual revenue 
for a vessel that lands gray triggerfish, it is concluded that most to 
all of the businesses that harvest gray triggerfish from the Gulf are 
small businesses.
    Amendment 46 would establish a rebuilding time period of 9 years or 
by the end of 2025, and this revised time period would have no direct 
impact on any small business.
    The proposed rule would retain the current commercial ACL and 
commercial ACT for gray triggerfish, which have been in effect since 
2013 (78 FR 27084, May 9, 2013). These status quo measures would have 
no additional impact on any small business.
    The proposed rule would increase the commercial trip limit for gray 
triggerfish. A 12-fish trip limit has been in effect since 2013, and 
this proposed rule would allow for up to four more gray triggerfish to 
be landed per trip. The average weight of a commercially sized gray 
triggerfish is estimated to be 4.113 lb (1.866 kg), gutted weight. In 
2015, the average dockside price of gray triggerfish was $2.12 per 
pound, gutted weight. At that price, the proposed rule could increase 
dockside revenue to as much as $34.88 per trip. It is estimated that 
the average annual beneficial impact would range from $0 to $135 per 
vessel, which represents from 0.00 percent to 0.08 percent of the 
average vessel's annual dockside revenue from all landings.
    Therefore, this proposed rule would not have a significant economic 
impact on a substantial number of small entities, and an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gray triggerfish, Gulf, 
Recreational.

    Dated: September 18, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

[[Page 44554]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.34, revise paragraph (f) to read as follows:


Sec.  622.34  Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (f) Seasonal closures for gray triggerfish. The recreational sector 
for gray triggerfish in or from the Gulf EEZ is closed from January 1 
through the end of February, and from June 1 through July 31, each 
year. During a recreational closure, the bag and possession limits for 
gray triggerfish in or from the Gulf EEZ are zero. The commercial 
sector for gray triggerfish in or from the Gulf EEZ is closed from June 
1 through July 31, each year. During the period of both the commercial 
and recreational closure, all harvest or possession in or from the Gulf 
EEZ of gray triggerfish is prohibited and the sale and purchase of gray 
triggerfish taken from the Gulf EEZ is prohibited.
0
3. In Sec.  622.37, revise paragraph (c)(1) to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (c) * * *
    (1) Gray triggerfish. (i) For a person not subject to the bag limit 
specified in Sec.  622.38(b)(5)-14 inches (35.6 cm), fork length.
    (ii) For a person subject to the bag limit specified in Sec.  
622.38(b)(5)-15 inches (38.1 cm), fork length.
* * * * *
0
4. In Sec.  622.38, revise paragraph (b)(5) to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (5) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7) 
of this section--20. In addition, within the 20-fish aggregate reef 
fish bag limit, no more than 1 fish may be gray triggerfish and no more 
than 10 fish may be vermilion snapper.
* * * * *
0
5. In Sec.  622.43, revise paragraph (b) to read as follows:


Sec.  622.43  Commercial trip limits.

* * * * *
    (b) Gray triggerfish. Until the commercial ACT (commercial quota) 
specified in Sec.  622.39(a)(1)(vi) is reached--16 fish. See Sec.  
622.39(b) for the limitations regarding gray triggerfish after the 
commercial ACT (commercial quota) is reached.

[FR Doc. 2017-20351 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-22-P